Airline Passenger Data

On 27 November 2013, the European Commission finally published its
Communication on the “Safe Harbor” agreement as part of a broader
package on EU/US data flows.

Perhaps the most disappointing aspect of the Communication was the
statement that the PNR agreement and other data sharing agreements work
without substantiating any of those claims. Simply asking the United
States if they breached the existing rules and blandly stating, in the
absence of any credible evidence, that the agreements on passenger name
records (PNR) and financial data tracking (TFTP) “meet the common
security interests of the EU and US, whilst providing a high level of
protection of personal data” provides no new information and offers no
new insights.

Civil society groups European Digital Rights (EDRi) and the Fundamental Rights European Experts Group (FREE) have demanded an end to lawless spying on individuals around the globe. At a meeting with the Chair of the European Parliament's Civil Liberties Committee today, the two groups handed over a document (pdf) containing detailed analysis of the current European and US legal frameworks. The document will be submitted to all relevant policy-making and governmental bodies.

In light of recent revelations, which have profoundly undermined trust in online communications tools, there is an urgent need for transparency, predictability and proportionality.

On 10 June 2013, the MEPs were supposed to vote on the recommendation of
EP LIBE Committee (Civil liberties committee) to reject an EU passenger
data retention system (Passenger Name Records or PNR), proposed by the
EU Commission. Yet, a majority of MEPs decided to refer it back to LIBE,
following a request by British MEP Tim Kirkhope.

On 10 June 2013, the European Parliament will decide on a EU-wide system for the retention of flight passenger data. You can contact your Members
of the European Parliament and tell them to defend your right to privacy and free movement!

The proposed Directive will undermine the rights of travellers since the use and retention of PNR will limit fundamental rights, such as non-discrimination, the right of privacy and the protection of personal
data (Article 8 of the Charter and Article 8 ECHR).

The directive obliging airlines to pass personal details of EU
passengers to the authorities of the EU member states was rejected by
the Civil Liberties Committee (LIBE) of the European Parliament (EP) on
24 April 2013.

The proposal was presented in February 2011 as an anti-terrorism measure
to be applied for passengers flying in and out the EU, much the same
with the agreement of the EU with the US, and had in view passenger data
such as name, address, phone number and credit card details.

The European Parliament (EP) Civil Liberties Committee is to vote, by
the end of January 2013, on the controversial EU-Passenger Name Record
(PNR) directive proposal introduced in February 2011 that has already
been examined by the three EP committees.

On 27 March 2012, the Civil Liberties (LIBE) Committee of the European
Parliament decided to back the new air passenger data deal with the United
States. In her recommendation, the Dutch Liberal MEP Sophie in 't Veld
called on her colleagues to reject it. However, to her regret, the LIBE
Committee has endorsed the Agreement despite inadequate legal safeguards.

EDRi had repeatedly pointed out the serious flaws of the Agreement to the
Parliamentarians in the LIBE Committee.